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A child with Erb's Palsy could have devastating consequences for families. If you think that medical negligence led to your child's brachial injury during birth, contact a erb's Palsy law firm for a no-cost consultation.
An attorney will evaluate the case and determine the estimated value of the case by calculating future medical expenses. This will help establish your claim value for a potential settlement.
Causes
Erb's Palsy is caused when the bundle (the brachialplexus) of nerves in the neck are damaged. These nerves are responsible for arm, shoulder and hand movements as well as sensation. Patients suffering from erb's palsy experience weakness, numbness or paralysis in one arm and shoulder.
This condition can be caused by a variety of medical errors made during labor and delivery. This includes the use of forceps, an unplanned C-section, or a doctor using an extractor vacuum to deliver an infant vaginally. The majority of cases of Erb's psy can be prevented. Doctors, nurses, midwives and other medical professionals have the obligation to maintain an excellent standard of care in the delivery room. They must ensure the baby's shoulders are delivered via the vaginal canal and that they don't get stuck or entangled in the pelvic bone of the mother's.
Researchers have suggested that Erb's ailment could be caused by contractions of the mother or the position of pregnant women. However these theories have not been proven. To prevail in a case of medical malpractice, plaintiffs must to show that the doctor's omission from the accepted standard of care caused their injuries.
A birth injury lawyer can aid you if you believe that your child has suffered a preventable injury such as the erb's syndrome. A successful lawsuit can award your family with financial compensation to cover the medical expenses of your child as well as give you a sense of closure.
Diagnosis
Erb's Palsy is caused due to damage to the brachialplexus which is a network or nerves that run through the shoulder and arm. These nerves may be stretched or torn due to an inconvenient delivery. This condition can cause weakness or paralysis of the affected arm. Doctors are accountable to properly diagnose this condition immediately.
Problems with childbirth are the most common reason for this issue. The most common cause is when the size of a fetus is greater than what is expected for vaginal birth or when the shoulders of the baby are snared during birth. This is called shoulder dystocia and it is one of the main risk factors for Erb's palsy.
If a doctor puts too much pressure or fails in recognizing shoulder dystocia, it could result in injuries to the upper nerves of the brachialplexus. This causes Erb's palsy. The doctor can be held accountable for any injury that is caused by negligence.
You must prove that your injuries are caused by the doctor's deviation from the accepted medical practice in order to prevail in a case for medical malpractice. For cases involving Erb's palsy, you need to prove that the doctor's actions or inactions caused your child to suffer an injury to the brachial plexus's upper nerves. This is a very common claim that can result in a substantial award and life-time care for your child.
Treatment
In the majority of instances, it is better to treat and diagnose the condition whenever possible. Untreated, the condition can progress to permanent muscle tightening (contractures) and can lead to total or partial paralysis. The most commonly used form of treatment is physical therapy, and sometimes surgery.
Marc J. Bern & Partners, an experienced Erb's Palsy law firm, examines possible claims and lawsuits on behalf of children diagnosed with a brachial injury due to medical negligence during the birth in the United States. We encourage families to seek an evaluation of their claim as well as an appointment for a free consultation.
While nurses, doctors and other healthcare professionals are trained to safely deliver babies however, complications can occur. The physician must take action quickly to ensure the safety both of the child and mother when complications arise. Unfortunately, some health care professionals fail to take this step.
In the event of a complicated birth, a physician may need to apply some force to help the baby move through the birth canal. When doing this, he or she could accidentally stretch the baby's neck and damage the nerves.
In addition to a physical exam doctors can also conduct a variety of tests, including X-rays or ultrasounds to determine the severity of an injury and the extent to which a nerve is damaged. A doctor may prescribe various medicines to help ease discomfort and pain and physical or occupational therapy to aid in restoring movement.
Compensation
The cost of medical treatment for a child suffering from Erb's Palsy can be incredibly high. A successful lawsuit could give a family to have the financial capacity to afford the care they require. An experienced erb's palsy lawyers palsy lawyer will work to maximize the amount of compensation a family can receive.
If a baby is diagnosed with Erb's Palsy, it can affect every aspect of their life. It can prevent them from working, it may limit the amount time they spend with their parents, and it can also cause emotional trauma.
Erb's palsy law claims may be made for the cost of treatment, the loss of earnings and impact that the injury will affect a child's capacity to enjoy everyday activities. The amount of compensation will also reflect the pain and suffering the injury has caused.
A successful case will show that the Obstetrician was negligent. This will be demonstrated by demonstrating that there was a departure from accepted practice and that this proximately resulted in injury to your child. Each case is different and it can take a while to win an Erb's Palsy lawsuit. Families should seek out an attorney as soon as they can to avoid being late in filing a lawsuit. A lawsuit that is filed late could be deemed to be time-barred by the Statute of Limitations.
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